department of agriculture, forestry and fisheries...

Department of Agriculture, Forestry and Fisheries (DAFF)

Guidelines and Requirements on Applying for a Marine

Aquaculture Right

2011

Private Bag X2, ROGGEBAAI, 8012. Foretrust Building, Martin Hammerschlag Way, Foreshore, CAPE TOWN,

8001

Tel: (+ 27 21) 402 3911 Fax: (+ 27 21) 402 3364

Guidelines and Requirements on Applying for a Marine Aquaculture Right (as per requirements of the Marine Living Resources

Act, 1998 (Act No. 18 of 1998)

2

PREPARED BY: The Department of Agriculture, Forestry and Fisheries Chief Directorate: Aquaculture and Economic Development Directorate: Sustainable Aquaculture Management Private Bag X2 Roggebaai Cape Town 8012 www.daff.gov.za Tel: 021 402 3911 E-mail: [email protected] Date: 30 September 2011 FOR ENQUIRIES CONTACT: The Department of Agriculture, Forestry and Fisheries Chief Directorate: Aquaculture and Economic Development Directorate: Sustainable Aquaculture Management Private Bag X2 Roggebaai Cape Town 8012 Email: [email protected] OR Mr Imtiyaz Ismail Environmental Officer: Aquaculture Authorisations Email: [email protected] Tel: 021 402 3673 OR Ms Zimasa Jika Assistant Director: Aquaculture Authorisations Email: [email protected] Tel: 021 402 3356

http://www.daff.gov.za/

mailto:[email protected]





Act, 1998 (Act No. 18 of 1998)

3

The following documentation may be required when submitting an application for a Marine

Aquaculture Right:

1. Completed Application Form

2. Registration documents for the business and or Identification Document(s)

3. Valid lease/ Title deed

4. Site Map

5. Detailed business and operational plan

6. Traceability Protocol (where applicable)

7. Environmental Authorization (where applicable)

8. Risk Assessment and Environmental Management Programme (EMPr)

9. South African Revenue Service (SARS) Tax Clearance Certificate

10. Broad Based Black Economic Empowerment (BBBEE) Certificate

11. Approval from the Local Authority

12. Coastal Waters Discharge Permit/ General Authorisation

The following guidelines will assist the applicant in meeting the abovementioned requirements in

the application process:

1. Application Form

An application form for a Marine Aquaculture Right should be completed and can be obtained from

the Department of Agriculture, Forestry and Fisheries, Branch: Fisheries, Customer Service

Centre, Ground floor, Foretrust Building, Martin Hammerschlag Way, Foreshore, 8001, Tel. (021)

402 3180, Fax. (021) 402 3362, e-mail [email protected] and website www.daff.gov.za.

2. Registration documents for the business and Identification Document(s)

Aquaculture is a commercial operation and therefore involves trading. All applicants will be

required to register their business as a Partnership, Sole Proprietor, Company, Closed

Corporation, Non Profit Organisation (Section 21 Company), or Co-operative. True certified


http://www.daff.gov.za/


Act, 1998 (Act No. 18 of 1998)

4

copies of all registration documents and identity documents of the applicant should accompany the

application form.

3. Valid lease/ title Deed

The applicant should identify an appropriate site zoned for aquaculture, agriculture or industrial

use. In the case where a site is not zoned specifically for the above, an application for re-zoning

will have to be submitted to the relevant authority (e.g. Municipality). Depending on the ownership

of the identified site, a lease or a Title Deed will have to be obtained by the applicant, and should

be submitted with the application form. The National Ports Authority (NPA) controls offshore and

inshore waters, sea space and coastal areas not controlled by the NPA are under the jurisdiction of

the Department of Environmental Affairs (DEA). For further enquiries please contact the

Department of Environmental Affairs (DEA), Coastal Planning and Environmental Protection,

Sandiso Zide, Tel. (021) 819 2497 and e-mail [email protected].

4. Site Map

A map should be provided with GPS boundary co-ordinates of the site locality, from the site owner

or relevant authority.

5. Business plan

The applicant is required to submit a detailed business including the following information:

a. Company profile and shareholding structure.

b. Product category to be processed e.g. shellfish, finfish, crustaceans, seaweeds etc.

c. If imported species are being considered, the measures to be taken to avoid the spread

and introduction of exotic commensals, parasites and pathogens.

d. A detailed description of processing methods and operational plan including:

i. System Design and Technology

ii. Water Quality Monitoring

iii. Effluent Discharge

iv. Animal Husbandry

v. Biosecurity and Animal Health Management



Act, 1998 (Act No. 18 of 1998)

5

e. Potential sources of pollution identified and highlighted in the site map and proposal.

f. The use of any kind of chemicals, antibiotics, disinfectants, fertilizers, therapeutants and

anesthetics, that may be used or result from the operation. Methods of application that are

being considered for use must also be outlined in the proposal.

g. The product destination or a marketing strategy should be included.

h. A detailed financial plan projecting capital, expenditure and income over a minimum

period of 2 years should be included.

i. Facilities and employment opportunities that will be created should be highlighted in the

business plan.

j. Information on how the facility will minimize and prevent potential negative environmental

impacts.

6. Traceability Protocol

A traceability protocol is required for the local sale of cultured undersized or protected indigenous

marine species. This involves appropriate traceability from the farm to the market. Traceability is

also important for ensuring food safety in case contaminated products are sold on the market and

there should be a mechanism to recall the products.

7. Environmental Authorisation

The Minister of Environmental Affairs published regulations that list activities which require a Basic

Assessment or scoping and environmental impact reporting. These regulations were published on

18 June 2010 and commenced on 2 August 2010. Environmental authorisation may be required

before the establishment of a marine aquaculture operation as certain activities are listed under the

National Environmental Management Act, 1998 (Act No. 107 of 1998), Environmental Impact

Assessment (EIA) regulations. For further details you may contact the Department of

Environmental Affairs (DEA), EIM Capacity and Support, Franz Scheepers, Tel. (012) 310 3459/

3261 and e-mail [email protected]. If the applicant is advised that an

environmental authorisation is required, they should register the Department of Agriculture,

Forestry and Fisheries (DAFF) as an interested and affected party and should forward all

environmental impact reports for comments to the Department of Agriculture Forestry and



Act, 1998 (Act No. 18 of 1998)

6

Fisheries (DAFF), Sustainable Aquaculture Management (SAM), Fatima Samodien, Tel. (021) 430

7052, Fax. (021) 434 2889 and email [email protected]. An environmental authorisation should

be attached on the application form.

8. Risk Assessment and Environmental Management Programme (EMPr)

In the case where an applicant is exempted from the EIA process following written proof from the

Provincial Authority, then a Risk Assessment should be conducted. An Environmental

Management Programme (EMPr) should be submitted along with the application if not included in

the Risk Assessment, which should be conducted by an independent consultant.

9. Valid SARS Tax Clearance Certificate.

The applicant is required to declare the financial status of the proposed business with the South

African Revenue Services (SARS), which will grant a valid Tax Clearance Certificate that should

accompany the application. Contact the National SARS Call Centre at 0800 00 72 77

(www.sars.gov.za).

10. Broad Based Black Economic Empowerment (BBBEE) Certificate

The applicant is required to submit a BBBEE Certificate as proof of the transformation status of the

company or business, where applicable.

11. Approval from the local Authority

All land based activities need approval from the local authority (e.g. Municipality). This approval

does not however exempt the applicant from undergoing a thorough Public Participation Process,

which will ensure that all Interested and Affected Parties are informed and well aware of the

activities around them. The approval should be put in writing and submitted with the application.

12. Coastal Waters Discharge Permit/ General Authorisation

The National Environmental Management: Integrated Coastal Management (ICM) Act, 2008 (Act

No. 24 of 2008) addresses a number issues relating to coastal pollution including the discharge of

effluent into coastal waters. In terms of provisions of Chapter 8 of the ICM Act, particularly Section


http://www.sars.gov.za/


Act, 1998 (Act No. 18 of 1998)

7

69 which regulates the discharge of effluent into coastal waters from any source on land. Such

activities, in addition to any other permit or authorisation which may be required by any other law,

will require a Coastal Waters Discharge Permit or a General Authorization obtained from the

Department of Environmental Affairs (DEA). For further details you may contact the Department of

Environmental Affairs (DEA), Marine and Coastal Pollution Management, Tel. (021) 819 2452 and

e-mail [email protected] or Feroza Albertus, Tel. (021) 819 2457 and e-mail

[email protected].

13. Additional Information/ Documentation

The Minister or the delegated authority may require an applicant to provide any additional

information/ documentation in relation to the application, which the Minister/ his or her delegated

authority reasonably considers necessary, and may refuse to consider the application until such

information/ documentation is provided.

14. Applicable Legislation

Applicants are further advised to familiarize themselves with the legislation that regulates fish

processing which include, the following:

Marine Living Resources Act, 1998 (Act No. 18 of 1998)

The National Environmental Management Act, 1998 (Act No. 107 of 1998)

The National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004)

The National Environmental Management: Protected Areas Act, 2003 (Act No. 10 of 2003)

National Environmental Management: Integrated Coastal Management Act, 2008 (Act No. 24 of

2008)

National Environmental Management: Waste Act, 2008 (Act No. 59 of 2008)

The Sea Birds and Seals Protection Act, 1973 (Act No. 46 of 1973)

The Health Act, 1977 (Act No. 63 of 1977)

The National Regulator for Compulsory Specifications Act, 2008 (Act No. 5 of 2008)

Standards Act, 2008 (Act No. 8 of 2008)

The Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972)




Act, 1998 (Act No. 18 of 1998)

8

Fertilizers, Farm Feeds, Agricultural Remedies and Stock Remedies Act, 1947 (Act No. 36 of

1947)

Medicines and Related Substances Act, 1965 (Act No. 101 of 1965)

The Animal Health Act, 2002 (Act No. 7 of 2002)


Act, 1998 (Act No. 18 of 1998)

9

Useful Contact Information

Government Funding/ Bank Finance/ Insurance

1. Absa Bank General Enquiries

Call centre: 0860 008 600

E-mail: [email protected]

Website: www.absa.co.za

2. Standard Bank General Enquiries



Website: www.standardbank.co.za

3. Development Bank of South Africa (DBSA) Gwendoline Sepolaane

Corporate Relations

Tel: (011) 313 3911

Fax: (011) 313 3086


Website: www.dbsa.org

4. Development Bank of South Africa Investment Project Preparation Fund (IPPF) Community Public Private Partnership Programme (CPPP) Coordinator, IPPF

Tel: (011) 313 3514

Fax: (011) 313 3670




http://www.dbsa.org/


Act, 1998 (Act No. 18 of 1998)

10


Website: www.cppp.org.za

5. Industrial Development Corporation (IDC) Ponnie van der Merwe

Tel: (011) 269 3000

Fax: (011) 269 3116



Website: www.idc.co.za

6. National Empowerment Fund (NEF) Nokuthula Fakude

Senior Investment Associate

Rural and Community Development Fund

Tel: (011) 305 8155

Cell: 084 606 1685

Fax: (011) 305 8001


Website: www.nefcorp.co.za

7. SANTAM Aquaculture Insurance Adele Erasmus

Aquaculture Insurance Policies and Declarations

Tel: (051) 4073001

Fax: (086) 6 569 232



http://www.cppp.org.za/


http://www.idc.co.za/


http://www.nefcorp.co.za/



Act, 1998 (Act No. 18 of 1998)

11

8. Louis Jonker Aquaculture Insurance Consultant

Tel: (028) 214133

Fax: (086) 6419023

Cell: 082330081


9. Jan Louw Aquaculture Insurance Consultant

Tel: (012) 369 1126

Fax: (012) 369 1051


Website: www.santam.co.za

Provincial and National Authorities

1. Department of Environmental Affairs and Development Planning (DEA&DP) Head Office (Western Cape)

Annelize de Villiers

Tel: (021) 483 4091

e-mail: [email protected]

Website: www.capegateway.gov.za

2. Department of Agriculture, Environmental Affairs and Rural Development

Head Office (Kwazulu Natal)

Tel: (033) 355 9100

Fax: (033) 355 9122



http://www.santam.co.za/


http://www.capegateway.gov.za/


Act, 1998 (Act No. 18 of 1998)

12

Regional Office (North Region) Tel: (035) 780 6700

Regional Office (South Region) Tel: (033) 343 8300

Website: www. agriculture.kzntl.gov.za

3. Department of Economic, Affairs Environment and Tourism (DEAET)

Regional Office (Alfred Nzo District) Mlu Kosi

Acting Regional Director

Tel: (039) 727 3282

Fax: (039) 727 3273

Regional Office (Amathole District) Lungelo Madlingozi

Regional Director

Tel: (043) 707 4002

Fax: (043) 748 2060

Regional Office (Cacadu District)

Leon Els

Regional Director

Tel: (041) 508 5808/00

Fax: (041) 508 5867

Regional Office (Chris Hani District) Cira Ngetu

Regional Director


Act, 1998 (Act No. 18 of 1998)

13

Tel: (045) 838 3983

Fax: (045) 838 3981

Regional Office (O.R. Tambo)

Lungi Mqakama

Regional Director

Tel: (047) 531 1191

Fax: (047) 531 887

Regional Office (Ukhalamba District)

Ntoboxolo Eddie

Regional Director

Tel: (051) 633 2901

Fax: (051) 633 3117

Website: www.dedea.gov.za

4. Department of Environmental Affairs (DEA)

Franz Scheepers EIM Capacity and Support

Tel: (012) 310 3459/ 3261


Humbulani Muhangei

EIM Capacity and Support

Tel: (012) 310 3358/ 3261





Act, 1998 (Act No. 18 of 1998)

14

Siyabonga Zondi

EIM Capacity and Support

Tel: (012) 310 3169


Sandiso Zide Coastal Planning and Environmental Protection Tel: (021) 819 2497 E-mail: [email protected]

Feroza Albertus

Marine and Coastal Pollution Management

Tel: (021) 819 2457


Website: www.environment.gov.za

5. Department of Agriculture, Forestry and Fisheries (DAFF)

Head Office (Pretoria)

Tel: (012) 319 6000

Fax: (012) 319 0000

Khumo Morake

Directorate: Aquaculture Technical Services (ATS)

Tel: (021) 402 3038

Fax: (021) 402 3420







Act, 1998 (Act No. 18 of 1998)

15

Asanda Njobeni

Directorate: Sustainable Aquaculture Management (SAM)

Tel: (021) 402 3409

Fax: (021) 402 3420


Website: www.daff.gov.za

6. Transnet - National Ports Authority (NPA)

Head Office (Gauteng)

Tel: (011) 351 9001

Fax: (011) 351 9023

Website: www.transnetnationalportsauthority.net

7. Department of Public Works


Tel: (012) 337 3000

Website: www.publicworks.gov.za

8. Department of Water Affairs (DWA)

General Enquiries

Call centre: 0800 200 200 Switchboard: (012) 336 7500


Tel: (012) 336 7500

Fax: (012) 326 3348



http://www.transnetnationalportsauthority.net/



Act, 1998 (Act No. 18 of 1998)

16

Website: www.dwaf.gov.za

9. South African Bureau of Standards (SABS)


Dr Boni Mehlomakulu President/ CEO Tel: (012) 428 7911 Fax: (012) 344 1568

Regional Office (Cape Town)

SABS Manager Tel: (021) 681 6700 Fax: (021) 681 6701

Regional Office (Port Elizabeth) SABS Manager Tel: (041) 391 8400 Fax: (041) 391 8400

Regional Office (Durban)

SABS Manager Tel: (031) 203 2900 Fax: (031) 203 2907 Website: www.sabs.co.za

10. National Regulator for Compulsory Specifications (NRCS)


Tel: (012) 428 5000

http://www.dwaf.gov.za/

http://www.sabs.co.za/


Act, 1998 (Act No. 18 of 1998)

17

Fax: (012) 428 5199 Call Centre: 0860 722 700

Regional Office (Cape Town)

Tel: (021) 526 3400 Fax: (021) 526 3452

Regional Office (Port Elizabeth) Tel: (041) 398 6900 Fax: (041) 398 6944

Regional Office (Durban) Tel: (031) 533 6700 Fax: (031) 533 6729 Website: www.nrcs.org.za

department of agriculture, forestry and fisheries...

Documents